Robert Kruger

Robert Kruger has practiced exclusively in disability and aging law for close to 30 years. Since 1997, he has been either the Chair (for 7 years) Co-Chair (for 3 years) or the Vice Chair (for 6 years) of the Committee on Guardianship and Fiduciaries of the Elder Law Section of the New York State Bar Association. Since 2003, he has been Chair (for 3 years) or Vice-Chair (for 5 years) of the Committee on the Elderly and Disabled of the Trusts and Estates Section of the New York State Bar Association

Mr. Kruger has been the author of the Guardianship News column of the quarterly Elder Law Journal since 2000. He has been published in the New York State Bar Journal and is a co-author of Guardianship Practice, published by the New York State Bar Association. He was instrumental in drafting the model supplemental needs trust used by New York courts. As a member of the Executive Committee of the Trust and Estates Section, he was responsible for drafting legislation concerning guardianships and estate administration.

Mr. Kruger has been the author of the Guardianship News column of the quarterly Elder Law Journal since 2000. He has been published in the New York State Bar Journal and is a co-author of Guardianship Practice, published by the New York State Bar Association. He was instrumental in drafting the model supplemental needs trust used by New York courts. As a member of the Executive Committee of the Trust and Estates Section, he was responsible for drafting legislation concerning guardianships and estate administration.

Robert Kruger’s practice focuses on guardianship, as counsel and as family-nominated fiduciary both for the elderly and for disabled children and younger adults, trusts and estates planning and administration, and Medicaid planning for those vulnerable individuals. He has created well over 125 guardianships for the elderly and more youthful disabled adults, and for children, who cannot care for themselves or their property. He has served as guardian for over 25 incapacitated elderly persons and more than 20 disabled children who have recovered medical malpractice verdicts and whose parents need help managing the funds. He has litigated to protect victims of elder abuse and financial exploitation of elderly and disabled individuals, often by adult children who find themselves in a custody fight over an incapacitated parent. He is also a principal in a not-for-profit organization, dedicated to helping families of disabled children who are aging out of school, or whose parents are aging, and who need permanent arrangements to protect them.

He was counsel in Calvanese v. Calvanese, 93 NY 2d 111 (1999), where the right of the Medicaid agency to recover its Medicaid lien, dollar for dollar, was at issue. He served as guardian for the 90-year-old-aunt of two New York State Supreme Court judges who had exploited their aunt by “gifting” her money to themselves. As guardian, he compelled them to make restitution. Matter of Gershenoff, 17 A.D. 3d 243 (1st Dep’t 2005). He was co-counsel in Matter of Rosen, 296 A.D. 2d 504 (2d Dept. 2002) where a will was overturned for undue influence.

He is being listed in the 2012, 2013 and 2014 editions of Super Lawyers, and he has been asked to write the chapter in the Treatise on Guardianship Practice, to be published by New York State Bar Association, on dishonest guardians, what they do, how they do it and how to prevent defalcation.